Indiana 2025 Regular Session

Indiana Senate Bill SB0431 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0431.1
	2	+	March 20, 2025
	3	+	ENGROSSED
	4	+	SENATE BILL No. 431
	5	+	_____
	6	+	DIGEST OF SB 431 (Updated March 20, 2025 10:12 am - DI 101)
	7	+	Citations Affected: IC 8-1.
	8	+	Synopsis: Construction of data center by foreign adversary. Provides
	9	+	that after June 30, 2025, a foreign company may not construct or cause
	10	+	to be constructed a data center in Indiana unless the Indiana utility
	11	+	regulatory commission and the Indiana economic development
	12	+	corporation conduct a joint study of the anticipated electricity use of
	13	+	the prospective data center and certify to the governor and the general
	14	+	assembly that the electricity estimated to be used by the data center will
	15	+	be self-generated and will not affect the load supply of the regional
	16	+	transmission organizations whose service territory includes Indiana.
	17	+	Effective: July 1, 2025.
	18	+	Koch, Doriot, Leising, Schmitt,
	19	+	Baldwin, Deery, Donato, Byrne,
	20	+	Busch
	21	+	(HOUSE SPONSOR — SOLIDAY)
	22	+	January 13, 2025, read first time and referred to Committee on Utilities.
	23	+	January 30, 2025, reported favorably — Do Pass.
	24	+	February 3, 2025, read second time, ordered engrossed. Engrossed.
	25	+	February 4, 2025, read third time, passed. Yeas 48, nays 0.
	26	+	HOUSE ACTION
	27	+	March 3, 2025, read first time and referred to Committee on Utilities, Energy and
	28	+	Telecommunications.
	29	+	March 20, 2025, amended, reported — Do Pass.
	30	+	ES 431—LS 7447/DI 101 March 20, 2025
1	31		First Regular Session of the 124th General Assembly (2025)
2	32		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	33		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	34		additions will appear in this style type, and deletions will appear in this style type.
5	35		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	36		provision adopted), the text of the new provision will appear in this style type. Also, the
7	37		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	38		a new provision to the Indiana Code or the Indiana Constitution.
9	39		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	40		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 431
12		-	AN ACT to amend the Indiana Code concerning utilities.
	41	+	ENGROSSED
	42	+	SENATE BILL No. 431
	43	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	44	+	utilities.
13	45		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 8-1-45 IS ADDED TO THE INDIANA CODE AS
15		-	A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2025]:
17		-	Chapter 45. Data Center Construction by Foreign Adversaries
18		-	Sec. 1. As used in this chapter, "commission" refers to the
19		-	Indiana utility regulatory commission created by IC 8-1-1-2.
20		-	Sec. 2. As used in this chapter, "company" means any of the
21		-	following:
22		-	(1) A sole proprietorship.
23		-	(2) An organization.
24		-	(3) An association.
25		-	(4) A corporation.
26		-	(5) A partnership.
27		-	(6) A joint venture.
28		-	(7) A limited partnership.
29		-	(8) A limited liability partnership.
30		-	(9) A limited liability company.
31		-	(10) A business association.
32		-	(b) The term includes:
33		-	(1) a wholly owned subsidiary;
34		-	(2) a majority owned subsidiary;
35		-	(3) a parent company; or
36		-	SEA 431 — Concur 2
37		-	(4) an affiliate;
38		-	of an individual, entity, or association described in subsection (a)(1)
39		-	through (a)(10).
40		-	Sec. 3. As used in this chapter, "data center" means a facility:
41		-	(1) the primary services of which are the storage,
42		-	management, and processing of digital data; and
43		-	(2) that is used to house:
44		-	(A) computer and network systems, including associated
45		-	components, such as servers, network equipment and
46		-	appliances, telecommunications, and data storage systems;
47		-	(B) systems for monitoring and managing infrastructure
48		-	performance;
49		-	(C) Internet related equipment and services;
50		-	(D) data communications connections;
51		-	(E) environmental controls;
52		-	(F) fire protection systems; and
53		-	(G) security systems and services.
54		-	Sec. 4. As used in this chapter, "foreign company" means a
55		-	company that:
56		-	(1) is at least fifty percent (50%) owned by a foreign
57		-	adversary (as defined in 15 CFR 791.2); or
58		-	(2) is headquartered in a country with a government that is a
59		-	foreign adversary (as defined in 15 CFR 791.2).
60		-	Sec. 5. As used in this chapter, "MISO" refers to the regional
61		-	transmission organization known as the Midcontinent Independent
62		-	System Operator, Inc.
63		-	Sec. 6. As used in this chapter, "PJM" refers to the regional
64		-	transmission organization known as PJM Interconnection, LLC.
65		-	Sec. 7. Notwithstanding any other law, after June 30, 2025, a
66		-	foreign company may not construct or cause to be constructed a
67		-	data center in Indiana unless the commission and the Indiana
68		-	economic development corporation conduct a joint study of the
69		-	anticipated electricity use of the prospective data center and certify
70		-	to the governor and the general assembly that the electricity
71		-	estimated to be used by the data center will be self-generated and
72		-	will not affect the load supply of MISO or PJM.
73		-	SEA 431 — Concur President of the Senate
74		-	President Pro Tempore
75		-	Speaker of the House of Representatives
76		-	Governor of the State of Indiana
77		-	Date: Time:
78		-	SEA 431 — Concur
	46	+	1 SECTION 1. IC 8-1-45 IS ADDED TO THE INDIANA CODE AS
	47	+	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
	48	+	3 1, 2025]:
	49	+	4 Chapter 45. Data Center Construction by Foreign Adversaries
	50	+	5 Sec. 1. As used in this chapter, "commission" refers to the
	51	+	6 Indiana utility regulatory commission created by IC 8-1-1-2.
	52	+	7 Sec. 2. As used in this chapter, "company" means any of the
	53	+	8 following:
	54	+	9 (1) A sole proprietorship.
	55	+	10 (2) An organization.
	56	+	11 (3) An association.
	57	+	12 (4) A corporation.
	58	+	13 (5) A partnership.
	59	+	14 (6) A joint venture.
	60	+	15 (7) A limited partnership.
	61	+	16 (8) A limited liability partnership.
	62	+	17 (9) A limited liability company.
	63	+	ES 431—LS 7447/DI 101 2
	64	+	1 (10) A business association.
	65	+	2 (b) The term includes:
	66	+	3 (1) a wholly owned subsidiary;
	67	+	4 (2) a majority owned subsidiary;
	68	+	5 (3) a parent company; or
	69	+	6 (4) an affiliate;
	70	+	7 of an individual, entity, or association described in subsection (a)(1)
	71	+	8 through (a)(10).
	72	+	9 Sec. 3. As used in this chapter, "data center" means a facility:
	73	+	10 (1) the primary services of which are the storage,
	74	+	11 management, and processing of digital data; and
	75	+	12 (2) that is used to house:
	76	+	13 (A) computer and network systems, including associated
	77	+	14 components, such as servers, network equipment and
	78	+	15 appliances, telecommunications, and data storage systems;
	79	+	16 (B) systems for monitoring and managing infrastructure
	80	+	17 performance;
	81	+	18 (C) Internet related equipment and services;
	82	+	19 (D) data communications connections;
	83	+	20 (E) environmental controls;
	84	+	21 (F) fire protection systems; and
	85	+	22 (G) security systems and services.
	86	+	23 Sec. 4. As used in this chapter, "foreign company" means a
	87	+	24 company that:
	88	+	25 (1) is at least fifty percent (50%) owned by a foreign
	89	+	26 adversary (as defined in 15 CFR 791.2); or
	90	+	27 (2) is headquartered in a country with a government that is a
	91	+	28 foreign adversary (as defined in 15 CFR 791.2).
	92	+	29 Sec. 5. As used in this chapter, "MISO" refers to the regional
	93	+	30 transmission organization known as the Midcontinent Independent
	94	+	31 System Operator, Inc.
	95	+	32 Sec. 6. As used in this chapter, "PJM" refers to the regional
	96	+	33 transmission organization known as PJM Interconnection, LLC.
	97	+	34 Sec. 7. Notwithstanding any other law, after June 30, 2025, a
	98	+	35 foreign company may not construct or cause to be constructed a
	99	+	36 data center in Indiana unless the commission and the Indiana
	100	+	37 economic development corporation conduct a joint study of the
	101	+	38 anticipated electricity use of the prospective data center and certify
	102	+	39 to the governor and the general assembly that the electricity
	103	+	40 estimated to be used by the data center will be self-generated and
	104	+	41 will not affect the load supply of MISO or PJM.
	105	+	ES 431—LS 7447/DI 101 3
	106	+	COMMITTEE REPORT
	107	+	Mr. President: The Senate Committee on Utilities, to which was
	108	+	referred Senate Bill No. 431, has had the same under consideration and
	109	+	begs leave to report the same back to the Senate with the
	110	+	recommendation that said bill DO PASS.
	111	+	(Reference is to SB 431 as introduced.)
	112	+
	113	+	KOCH, Chairperson
	114	+	Committee Vote: Yeas 10, Nays 0
	115	+	_____
	116	+	COMMITTEE REPORT
	117	+	Mr. Speaker: Your Committee on Utilities, Energy and
	118	+	Telecommunications, to which was referred Senate Bill 431, has had
	119	+	the same under consideration and begs leave to report the same back
	120	+	to the House with the recommendation that said bill be amended as
	121	+	follows:
	122	+	Page 2, line 25, delete "fifty-one percent (51%)" and insert "fifty
	123	+	percent (50%)".
	124	+	and when so amended that said bill do pass.
	125	+	(Reference is to SB 431 as printed January 31, 2025.)
	126	+	SOLIDAY
	127	+	Committee Vote: yeas 12, nays 0.
	128	+	ES 431—LS 7447/DI 101